Is Endangered Species program endangered?

Friday

Jun 22, 2012 at 2:00 AM

A bill critics say would undo a good deal of the 20-year-old Massachusetts Endangered Species Act, which offers some of the strongest protection of any state to "priority habitats" harboring endangered plants and animals, may come to the floor on Beacon Hill for a vote as a bill or an amendment in the next month.

Lee Roscoe

Proposed legislation would change the rules Editor's note: Due to an editing error, an incorrect number was given for the cost of filing fees. It is $300, not $3,000. The number has been corrected below.

A bill critics say would undo a good deal of the 20-year-old Massachusetts Endangered Species Act, which offers some of the strongest protection of any state to “priority habitats” harboring endangered plants and animals, may come to the floor on Beacon Hill for a vote as a bill or an amendment in the next month.

S 1854, An Act Relative to Land Takings, filed by state Sen. Gale Candaras of Wilbraham, was approved for release by the Joint Committee on Environment, Natural Resources and Agriculture June 14 to the House Ways and Means Committee.

Cape and Islands State Senator Dan Wolf’s office says he is not supporting the act.

“While there is frustration with the Natural Heritage process, which could be improved, this bill will not do the job,” Wolf’s office said in a statement. “It will not work well for the Cape. Environmental protection for the Cape is crucial.”

"Massachusetts' endangered species law is one of the best in the nation,” said Mark Robinson, executive director of The Compact of Cape Cod Conservation Trusts. “It is science-based and objectively administered. Has it forced redesign of some development plans? Sure, but for the better. The state bases many of its grant-funding decisions for towns and land trusts to buy open space based on the sensitivity of the habitat for rare species success.”

A letter dated May 21signed by eight major conservation organizations including Massachusetts Audubon, Massachusetts Association of Conservation Commissions and the Sierra Club states says the bill would change “priority habitat” to a category not now covered, that of “significant habitat,” limiting the ability to protect rare species, and that language which puts the burden of informing the developer or land owners of at-risk areas on state agencies is harmful and that no other agency must do the same.

The Cape has many habitats of concern such as coastal ecosystems and coastal plains ponds, wetlands such as vernal pools and certain swamps, sand plains and pine barrens, containing respectively such state-listed species as roseate terns, Plymouth gentian and rose coreopsis, spotted turtles, white cedar, rare grasses, and Gerhard’s Underwing moth.

The state program is administered by the Massachusetts Natural Heritage and Endangered Species program under the auspices of the Executive Office of Energy & Environmental Affairs. Supporters of the new legislation say that when developing within a priority zone where one must file papers and pass certain Massachusetts Environmental Protection Act reviews, land owners and developers alike are penalized, with “extortionary fees,” and costly delays in permitting. They say by slowing development these regs also cost jobs.

State Rep. Tim Madden, who represents Falmouth and the Islands and sits on the Joint Committee, said days before the redrafting that he would not vote for the bill as is, but thinks that clarification of rules should be made by Natural Heritage; that the frustration on the Cape is with re-drawn maps which compel confused landowners to go back to the drawing board for mitigation, and at an expense (filing fees for individual landowners are $300, while larger developments may spend more). Madden wants public notification by the state to land owners on at-risk areas, which the redrafted bill allows. The representative was not available by press time for further comment. [This paragraph corrected to reflect the actual filing fee, not the higher amount originally reported]

Neither Madden nor Wolf were present when the vote to release the bill to Ways and means was taken.

The redrafted bill allows “aggrieved landowners” to appeal in Superior Court. The state says it already has a review and appeal process in place, which it is seeking to improve.

“That allows for project proponents to go to court anytime in the process,” said Mass Audubon legislative liaison Jennifer Ryan. “It’s an abdication of executive branch authority, giving (Massachusetts Endangered Species Act) permitting decisions to the courts.” Ryan added that language mandating that the state notify developers of at-risk areas is not feasible. Other state agencies do not have this burden, she said; it’s up to citizens to know the law.